City of Miami v. AirBnb, Inc.

Court: District Court of Appeal of Florida, Third District
Case Number: No. 3D17-1213
Decision Date: December 05, 2018
Case Type: Zoning
In March of 2017, the City of Miami adopted a resolution on short-term rentals based upon the city's zoning ordinance which prohibited rentals of anything less than a month in specific single-family residential zones. AirBnb and several city residents who used AirBnb filed suit for declaratory and injunctive relief. AirBnb and the city residents claims that the city's short-term rental ban was preempted by state law and that the city had expressed intent to retaliate against individuals who spoke in support of vacation rentals at the city commission meeting. The trial court granted a temporary injunction on the city's enforcement and held that the city was preempted by state law from enforcing its zoning interpretation. The trial court, however, also found no evidence of retaliation.

The city appealed the trial court ruling and the Court of Appeal held that the injunction against the city's vacation rental ban was overbroad. The Court of Appeal held that certain short-term rentals may in fact meet the zoning requirements of permanent housing but others may not, requiring a case-by-case inquiry into the short-term rentals. The Court of Appeals determined that the trial court limited evidence and facts to short-term rentals on the AirBnb platform but that its injunction covered all rental platforms and all rentals within the zoning district. As a result, the trial court injunction became overbroad and the Court of Appeal vacated that part of the injunction.